The post Drugged Driving and Truck Accidents appeared first on Wyatt Law Firm, PLLC.
]]>The trucking industry is essential to our everyday lives as these large vehicles transport the products, items, and goods consumers worldwide need.
Semi-trucks also help boost our economy in many ways you have probably never considered. However, this does not take away the fact that not only are truckers’ jobs difficult, but the respect they receive while on the road is little to none.
This can create added stress to their lives on top of the loneliness they feel away from their families and loved ones, the pressures they experience to complete their daily duties on time, and the long number of hours they spend sitting in the same position.
All these factors play a big role in the mental health issues that truckers and commercial vehicle drivers often experience. Still, they are not excuses for turning to illegal drugs and substances that will lead them to be intoxicated while behind the wheel.
If you or a loved one suffered injuries in a truck accident involving a drugged truck driver, you can file a claim for full and fair compensation. Contact an experienced truck accident attorney today for a free consultation to talk about your impaired truck driver case.
You may be surprised to learn that commercial truck drivers often consume illegal substances while on the road. This is much more common than people think. While completing tedious work repeatedly, drivers become bored, tired, and stressed, which leads them to use illegal drugs.
According to the American Addiction Centers, nearly 30 percent of truck drivers said they consumed drugs in a self-reported study. Most of the respondents admitted to using amphetamines, which are prescription drugs used illegally to keep individuals awake.
Since truck drivers are required to drive for long stretches and stay awake during different times of the day, truck drivers prefer to take amphetamines or cocaine because these drugs are known to help you stay awake. Alcohol is also a common consumption among truck drivers as they have one of the highest numbers of positive alcohol tests across the country.
While the preferred choice of drugs is amphetamines and cocaine, truck drivers also abuse other substances such as heroin, opioids, and methamphetamines. Other than staying awake behind the wheel, depression, loneliness, and stress are a few other factors that contribute to drug use among truckers.
Reports indicate over 30,000 drug and alcohol violations in the trucking industry in a recent year. In only one month that year, there were nearly 5,000 drug violations and almost 100 alcohol violations. Therefore, positive drug tests made up 81 percent of the violations. These numbers may be shocking, but they should not be a complete surprise when you think about the ever-changing and increasing demands placed on truck drivers today.
Although positive drug tests happen among many truck drivers, drug use was more common in young, inexperienced individuals with longer driving routes who often had to drive at night. This may make sense because many companies give better routes to drivers who have been there the longest, while the new hires must take what is left over. These new drivers, therefore, seek ways to stay awake and might turn to illegal drug use.
The side effects of illegal drug abuse may vary from person to person. However, most people report having similar side effects when taking similar drugs.
Illegal drugs may have the following negative side effects on truck drivers.
While truck drivers commonly report using the above substances, most commercial motor vehicle drivers seek energy boosters, making cocaine, methamphetamines, and amphetamines popular choices among truckers.
These drugs help them get through the long tiring hours, but this does not change the fact that they greatly affect the driver’s ability to drive safely, which can lead to extremely dangerous wrecks and fatal crashes.
When you see a big rig swerving, crossing the lines on the roads, or missing traffic signs, these may indicate that the driver is intoxicated.
Unfortunately, these instances often occur on highways where other vehicles are nearby.
This is alarming because truckers not only put their own lives at risk whenever they decide to take drugs, but they also put every other vehicle around them in great danger.
The Federal Motor Carrier Safety Administration (FMCSA) stated that more than 70 percent of truck accident fatalities were the people in the vehicles driving near the 18-wheelers.
If the individuals were lucky enough to leave the accident with injuries, they most likely experienced catastrophic injuries, which are severe injuries that may lead to life-long disabilities.
The following are a few of the most common catastrophic injuries that individuals may leave a truck accident with.
While these injuries sound very harsh, it is possible to die from a truck accident. If this is the case, their family, children, and loved ones can file a wrongful death lawsuit to ensure that they receive compensation to give a proper funeral as well as provide money to live on since the individual no longer can.
A truck driver is known to live a very solitary life. They drive many miles per day, spend several days at a time away from their family, and fight off boredom and fatigue often.
While everyone else sees truck driving as a regular profession, these individuals have a rough life that often leads to medical problems in the future from constantly sitting.
The National Library of Medicine published a study showing that 44 percent of truck drivers reported being depressed. The factors that led to the depression were broken sleep, psychiatric medications, and stress from work. This led truck drivers to use drugs and alcohol to help them cope with their everyday struggles.
The FMCSA requires that all individuals with a commercial driver’s license (CDL), who drive trucks weighing more than 26,000 pounds, agree to be routinely tested for drugs and alcohol.
Below are the five different classes of drugs that are common in the test results:
All truck drivers are tested for drugs before truck companies hire them. After the individual gets hired, they will undergo testing if an accident involves an injury, damage to property, vehicle, or fatality.
Truckers may also undergo random drug tests. Around 50 percent of truck driving industry individuals are randomly tested yearly.
This usually occurs due to suspicion that someone may abuse drugs or alcohol while driving. Urine samples are typically the preferred method for drug testing.
Some trucking companies commonly use hair samples because these substance abuse tests show signs of drugs over the last 90 days.
You might not know if a commercial truck driver who hit you was, in fact, on drugs at the time. However, the police should show up and investigate to determine whose fault the accident is and perform a drug test and an alcohol test.
They will likely make a police report, which you can use to defend your claim.
A truck accident lawyer dedicated to you and your case will do everything in their power to ensure that all the evidence is presented, showing that the responsible party was intoxicated when they hit you.
Here are a few important steps the experienced attorney will take:
There are various routes that a legal professional will take to determine if a driver was on drugs when an accident occurred. Gaps and discrepancies are bound to appear, and a skilled lawyer can find them.
Determining who is liable when a truck accident occurs may be difficult. However, when a trucker is under the influence of drugs or alcohol, and evidence proves this fact, it becomes clear that they are liable.
When the truck driver decided to get behind the wheel after taking a drug that may impair their senses or judgment, they knew they were putting others at risk.
This means that they breached their duty of care, and by doing so, the auto accident and the injuries occurred.
While drugged driving will primarily be the truck driver’s fault, the company can also be accountable because it employed the driver.
As a result, the company may be negligent in its hiring process or in ensuring that its truck drivers drive safely around others and not get involved in drug-related accidents.
While every truck accident is unique and has its own set of circumstances to investigate, there are a few common losses that you can claim. These may include financial losses and non-financial losses.
Financial losses in a truck accident claim include medical expenses, loss of earnings, loss of property, repairs or replacements, new and essential services, home modifications, physical therapy, surgeries, occupational therapy, counseling, and more.
You can recover compensation for intangible losses in a truck accident claim for pain, suffering, emotional and mental distress, loss of companionship, loss of enjoyment of life, inconveniences, and more.
When you think about what type of losses came from your accident, you can think of any burdens or hardships that have now been placed on your life since the accident occurred.
These can include things money can and cannot buy, which will help you determine if they are financial or non-financial losses.
As with any type of accident, it is in your best interest to speak with an experienced truck accident attorney about your case.
All truck drivers owe the people around them a safe environment when on the road.
A truck accident lawyer with extensive experience will work diligently to ensure that a truck driver who willingly puts others in danger is held accountable for their negligent behavior.
Truck accidents caused by drug abuse or alcohol abuse are 100 percent avoidable, and they should pay for the damage, pain, and suffering they have caused you and your family.
If an intoxicated truck driver caused your accident, you deserve to receive full compensation for your injuries, property damage, and trauma.
Whether you need money to pay your bills, take time to recover, or move forward with your life after the accident, you will need to thoroughly investigate your truck accident claim.
A large truck injury lawyer will take the time to collect drug and alcohol tests, look at police reports, analyze the video footage from your accident, and represent you until they attain the best possible outcome.
The process may seem difficult and take several months, but making sure you hold the irresponsible party accountable for their behaviors will be worth it.
To ensure that all the legal steps go smoothly, you should consider hiring an attorney knowledgeable in Texas law to stand behind you and fight for the compensation you deserve.
Begin the recovery process by contacting an experienced personal injury attorney near you about your case.
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]]>The post Why Are There so Many Truck Accidents? appeared first on Wyatt Law Firm, PLLC.
]]>Millions of truckers work every day in the United States, and it is a known fact that at certain times of the day, it is almost impossible to avoid them. Therefore, many drivers have learned to hold their breath, grab onto their steering wheel, and wait for the large trucks to pass.
If you have been driving for a significant amount of time, you most likely have seen your fair share of truck accidents.
This may lead you to question why there are so many truck accidents across the country, and the answer to this question is complex.
While fatal car crashes have declined over the years, the truck fatality rate continues to rise. To determine the cause of commercial vehicle crashes, you must look at all the factors, as every case may differ.
The most common causes of truck accidents usually point to the negligence and recklessness of a truck driver.
Accidents usually occur when a truck driver does not follow the appropriate speed or adapt to the road and weather conditions. The loads truck drivers are transporting are also very heavy, leading to them losing control or tipping over.
On top of these factors, one of the main culprits to truck accidents is the added pressure of truckers feeling like they need to drive faster to make their delivery deadline or to avoid the federal work limit from running out.
This law causes truck drivers to speed because they want to make it home before their time limit expires. However, the faster a truck drives, the more space it requires to stop or slow down in time. As a result, it becomes extremely difficult to avoid a wreck, and the trucker and other vehicles nearby are at high risk for danger.
The following are some of the most common causes of truck accidents:
Speed: Speeding is the number one cause of truck accidents. When a trucker feels rushed, speeding may occur. They are not only putting themselves in danger whenever they decide to speed but also putting others around them in danger.
Heavy cargo: Heavy or improperly loaded cargo can make a tractor-trailer difficult to handle. Depending on the trucker’s transport, it can become loose and cause debris to fall out and hit other vehicles. This can easily lead to accidents.
Weather: It takes a lot of training to learn how to drive a big rig in extreme weather conditions, such as rain, fog, snow, and ice. Truck drivers need to drive slower than the speed limit in these conditions because it can be very hard to stop and slow down.
Driver fatigue: Even though there are many rest stops around the country, many truck drivers choose to keep driving without enough sleep. This leads truckers to lack alertness, which may cause them to not respond quickly enough to situations around them.
Intoxication: Unfortunately, intoxication is a factor in many truck driving accidents. Even though it is illegal, some truck drivers decide to drink alcohol or do drugs before getting behind the wheel, which can lead to an accident.
Maintenance issues: Trucking companies sometimes do not follow laws or protocols regarding ensuring their trucks are maintained. They may send a driver out in a poorly maintained semi-truck, which can cause an accident. Some of the types of maintenance issues that these large trucks are known to have include worn-out tires, malfunctioning brakes, insufficient oil, and more.
Distractions: Distractions are common among drivers, but truck drivers are on the road for long periods, which may cause them to become easily distracted. A few of the most common distractions include cell phones, eating, drinking, looking in different directions instead of focusing on the road, and more.
Individuals involved in a truck accident are likely to suffer catastrophic injuries. These types of injuries are usually permanent and lead to long-term disabilities. When a person sustains a catastrophic injury, they will most likely need care around the clock for the rest of their lives, which can cause them and their loved ones to never work again.
A few examples of catastrophic injuries include:
Truck drivers drive a lot more than the average driver. Truckers drive between 80,000 to 110,000 miles annually, while most American drivers only drive about 12,000-14,000 miles each year.
Since truck drivers spend a lot of time on the road, they are more likely to be involved in a wreck. This is because they are tired from driving long hours, and their truck parts experience a lot of wear and tear. They also drive in hazardous weather conditions as companies need their deliveries.
According to the Federal Motor Carrier Safety Administration (FMCSA), almost 500,000 truck accidents in the United States resulted in property damage, injuries, or fatalities in 2018. Of these 500,000 truck accidents, there were over 100,000 crashes that led to injuries, and more than 4,000 resulted in death. With these numbers, a truck driver has a high chance (1 in 8) of being a victim of an accident each year. When you compare the numbers to smaller vehicle crashes, there is a big difference. The average driver only has a 2 percent chance of being in a car crash yearly.
Truck crashes only account for 5 percent of all vehicle accidents, but they are much more dangerous. Deaths from trucking accidents have increased by 20 percent in almost a decade, and experts expect this percentage to continue to rise.
It is essential to point out that individuals joining the trucking industry are not getting trained as much because the demand for truckers is very high, and there is a well-known shortage.
Older and more experienced drivers are retiring rapidly, and companies cannot fill jobs quickly enough. This has led groups to advocate for more relaxed requirements to earn a commercial driver’s license (CDL).
It used to take a few months to finish trucking school and get your CDL license, but now people can finish in less than one month.
Additionally, a CDL requires no set amount of classroom hours. Instead, if an individual feels confident enough, they can take the written test whenever they are ready. If they pass the test with an 80, they will receive their permit to begin their driving career.
Regarding the driving part of the test, the number of driving hours has also been reduced. An individual only needs to sit behind the wheel and drive 30 hours before they can take their final exam.
One of the disadvantages of rushing to get more drivers on the road is heavy commercial trucks are now being driven by inexperienced drivers.
Many truck drivers try to blame the other car driver for causing the accident. Determining who caused or contributed to an accident involving a commercial truck requires a complicated and detailed investigation.
Many wrecks involving 18-wheelers are because of different types of negligent actions. Perhaps the company did not properly maintain its truck, maybe the driver was inexperienced, untrained, and failed to follow required regulations, or perhaps another party is at fault.
Some common causes of truck accidents are a result of poor weather conditions, impaired driving, aggressive driving, mechanical failure, and road conditions.
Sometimes, cargo loaders, mechanics, or other third parties might be negligent and contribute to truck crashes.
All in all, it depends on the facts and circumstances surrounding the case. Multiple parties might share liability, requiring multiple claims.
These parties commonly find themselves defendants in truck accident injury claims:
Several different parties might be liable for a truck accident. That is why a truck accident lawyer must work hard to analyze each unique case, find out the circumstances, and look at all evidence.
Police reports, witness statements, and video footage from the scene are a few crucial pieces of evidence that your lawyer investigates to determine who is liable for a truck accident.
After you suffer injuries in a truck accident, you may not know what steps to take. First and foremost, receive medical treatment.
Even if you believe you are fine or do not feel injured, see a medical professional to determine if you have any internal injuries you may not know about. Your attorney will also use your medical records and bills to evaluate your claimed damages.
Insurance companies will take advantage of your situation and try to give you a lower settlement than you deserve. Insurance companies do not want you to know that you can get a larger recovery with the help of a legal representative.
Find a knowledgeable truck accident lawyer. With the help of a skilled lawyer, you will receive the proper compensation you need and deserve. Truck accident attorneys understand the causes of truck accidents and know how to gather useful evidence to support your case.
As you search for the right truck accident lawyer for your case, ask these questions during your initial consultation:
Come up with any other questions you might have that can help you determine whether a particular attorney is a good fit for you and your case.
Most truck accidents are caused by a variety of factors that provoke motor vehicle crashes resulting in injuries for which victims need compensation.
These are not simple legal cases for truck accident attorneys, and it becomes more complicated when multiple vehicles are involved.
Determining liability takes skill and thorough work. The driver, the truck company, or other drivers may have been acting carelessly or negligently, but if this is the case, then they should be accountable for their actions.
Knowing the many possible causes of truck accidents, drivers may be overwhelmed and not know where to turn when seeking the compensation they deserve. Truck accident lawyers can identify what your best legal options may be.
Call a truck accident lawyer today if you or a loved one has suffered a severe injury in a trucking accident and want to know if you are eligible for compensation.
Our attorneys have experience in truck crashes and will thoroughly investigate the factors of your claim. While you focus on healing, an experienced legal representative will spend their time building a strong case against the defendant.
To get in touch and begin the process today, call an experienced personal injury attorney about your case. We look forward to speaking with you and guiding you through every step of the legal process.
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]]>The post Staying Safe Around Trucks appeared first on Wyatt Law Firm, PLLC.
]]>These large trucks are beasts on the roads that have trouble slowing down and stopping, and the only thing controlling them as they drive long stretches at a time are human truck drivers. This can cause people to get nervous, tense up, and lose confidence when driving around tractor-trailers.
Most people do not like the thought of their fate in the palm of truckers’ hands every time they see a tractor-trailer speed by.
Accidents and injuries can still happen no matter how safe you are. The good news is that there are some things you can do to keep yourself safe.
If you suffer injuries in a truck crash, get immediate medical attention for your injuries. When possible, consult with a truck accident attorney about your legal rights.
You are not supposed to feel like you are at the mercy of truck and bus drivers. We are to share the road with them instead of competing for a spot.
It is important to know that there are certain measures that you can take to reduce your chances of being involved in an accident with a semi-truck.
The Federal Motor Carrier Safety Administration (FMCSA) provides tips on sharing the road with large commercial trucks and avoiding dangerous situations.
Some safety tips include staying out of blind spots, being ready for wide turns, being aware that large trucks need lots of room to stop, merging and passing trucks safely, keeping a good distance between your car and the truck, and more.
Since a semi-truck is very long, it can be easy for other drivers to get caught in its blind spots. Therefore, you should remember the rule that if you cannot see them through their mirror, they cannot see you either.
Do not stay there long if you believe you are in a trucker’s blind spot. It might not be easy to get out of a truck’s blind spot, especially if there is a lot of congestion.
Do everything possible to either pass semi trucks safely or put yourself in a better spot so the truck driver can see your vehicle.
Large trucks and buses need more space to make wide turns. Therefore, you should wait until they have completed their turn before you continue driving.
Right turns are usually harder for semi-trucks, so if you notice them making a right turn, try to give them enough space and allow them to move over into your lane if possible.
It can take an 18-wheeler almost two football fields to slow down and stop. This is a lot of space, but semi trucks need extra distance to safely slow and stop. If you need to merge over in front of a large truck, ensure that you give them adequate space to stop or slow down.
Turning signals are crucial when merging and passing a large truck. Always make sure that the truck can be seen in your rearview mirror and has extra space before you move over in front of them.
Try not to move into their lane if you are going down a hill or mountain, as this causes the truck to have a harder time slowing down. Also, give trucks extra space when they are passing you as well.
Since trucks are higher off the ground than automobiles, try to keep a large distance between the truck and your passenger vehicle.
This is because you do not want your car to go under the truck if a crash occurs. Trucks also roll backward during a crash, which can cause horrific accidents.
Alcohol and drugs can slow down your reaction time and cause you to make bad judgments, which can lead to deadly accidents.
If you notice a truck or car swerving between lanes, crossing lines or medians, or missing important traffic signs, they may be intoxicated. In this case, you should stay as far away from them as possible.
If you are eating, drinking, talking on the phone, or texting, you should get off the road to handle these distractions. Research shows that driving while distracted creates similar problems as driving while intoxicated and can lead to similarly terrible accidents.
Wearing a seatbelt is one of the easiest and smallest things someone can do every time they enter a vehicle. This simple effort can save lives, especially if you have children in the backseat.
Instead of honking the horn, driving close to a truck, or trying to pass them, remain patient and realize that a truck needs extra time to accelerate because of its heavy load.
There are many differences between trucks and other automobiles. A few differences are weight, size, accelerating ability, braking, and more.
You should educate yourself and understand the differences that cause truckers to have a harder time controlling their trucks. By taking this simple step, you can avoid several crashes with 18-wheelers in the future.
Taking the time to learn about big rigs and the daily complications that truckers experience while driving these large semi-trucks is vital. You can spread the knowledge you learn to your friends, family, and loved ones to help increase awareness of driving safely around large trucks.
The FMCSA released a report showing several different truck accident statistics worth knowing. Unfortunately, the data points to disturbing trends, which is why it is important to stay safe around trucks. The truck drivers are not the only ones who can keep everyone safe; it must be a team effort among truckers and passenger vehicles when on the roads.
Here are a few recent statistics regarding truck drivers:
Every truck crash that only caused property damage also had the potential to cause life-changing or fatal injuries had the circumstances varied just a little. Every truck accident is a dangerous one.
When you are driving, reaching your destination safely should be a top priority. You must learn to always drive safely when you drive around large trucks.
This is important for various reasons, including that the truck driver may be fatigued, may have limited visibility, and may have improper training–all of which make it more difficult for the truck driver to safely control and maneuver his truck.
Driving around large trucks is known to lead to dangerous accidents. The FMCSA stated that 72 percent of people killed in truck accidents were individuals in other vehicles driving close to the large trucks. Therefore, extra precautions are necessary when sharing the road with truckers. This will help minimize the chances of an accident occurring.
Some people believe that it is always the truck driver’s responsibility to drive safely, which is true. Still, passenger vehicles must drive safely around semi-trucks as well.
This means staying away from distractions, staying focused on the road, and being aware of your surroundings. Below, we will go into more detail about three of the main reasons you should stay safe around large trucks:
Truckers must keep up with the demands of their jobs at all times of the night. They must drive for long stretches and learn to sleep during the day or whenever given a chance.
It is no surprise that they do not get enough sleep and often report feeling exhausted behind the wheel. The FMCSA released a report showing that 13 percent of truck drivers reported feeling fatigued when they were involved in a truck accident. The National Library of Medicine mentioned that truckers average about 5 hours of sleep each night.
Some stressors and challenges may be factors of why many truck drivers are not getting enough rest. Some of these stressors include pressures from their employers to get their jobs done quickly, the lack of respect from other drivers on the roads, health problems from sitting for long periods, loneliness from being away from their families, and irritability from lack of sleep.
Other alarming statistics are that 27 percent of truck drivers stated that they live with insomnia, 64 percent said that it has become normal for them to feel fatigued on an everyday basis, and 18 percent of truckers have fallen asleep while driving a big rig at least once in their driving career.
Semi-trucks are very long and large, meaning they have larger blind spots than other vehicles. This can increase the chances of a wreck if they cannot see you when merging or switching lanes.
They may forget to check their blind spots and not see you through the mirror, which may lead to them assuming that you are not there and accidentally hitting you with their truck.
Remember that you have a rearview mirror in your vehicle and back windows, but semi-trucks do not have these features.
This causes them to have a lack of visibility. You can know that you are in the danger zone if you cannot see your vehicle’s reflection in the truck’s mirrors.
Large trucks are very hard to control and maneuver. This difficulty comes from the truck’s size, inability to stop quickly enough, and the heaviness of the load it is transporting.
Any trucker in the driver’s seat of a tractor-trailer is at high risk for danger because there is little to no room for any errors while on the job. Truck drivers must be ready for situations other automobile drivers will never have to consider.
When a person decides to become a commercial truck driver, they are not only taking on the risk of putting themselves in danger but also putting others around them at risk. The last thing they want is to be involved in a tragic accident.
Therefore, semi-trucks need to be loaded properly, continue to be maintained, and have no damaged parts. If tractor-trailers are not taken care of and constantly inspected, severe or fatal injuries may occur.
No matter how much knowledge and experience you possess about staying safe around commercial vehicles and large trucks, sometimes truck accidents are just unavoidable. You can take all the necessary precautions and still end up in a serious accident with a truck driver.
This is unfortunate, but it does happen quite a bit. When a truck accident occurs, those involved will likely suffer severe injuries that may lead to permanent disabilities and change their lives forever.
If you have recently been in a truck accident that was not your fault, you must contact a truck accident lawyer as soon as possible.
You may not have the life you had before the accident. Still, you can pursue compensation for the pain, suffering, and financial damages the accident and injuries have caused you.
Call an experienced personal injury attorney as soon as possible to discuss your case. You only have a small window to file a claim, or you risk losing the opportunity to recover compensation.
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]]>The post Why Are Construction Accidents so Complicated? appeared first on Wyatt Law Firm, PLLC.
]]>When you are injured at a construction site, knowing how the accident happened, who is liable, and who to sue isn’t always easy to determine.
Accidents that happen on Texas construction sites present many challenges that require an experienced construction accident lawyer to fight for your maximum financial compensation.
A construction injury attorney can walk you through the unique rules and steps of a construction accident Injury.
One of the main complexities of construction accident injuries is determining the type of remedy you can receive.
Construction accidents can challenge some plaintiffs because of the rules of workers’ compensation claims. If you have suffered an injury on the job, you first need to determine the cause of the accident.
If your employer was to blame for the accident, they might escape legal responsibility. Still, you do have some legal options to get financial compensation.
Employers in Texas are not required to purchase workers’ compensation policies to protect their employees. If an employer does purchase worker’s compensation insurance, they receive certain protections if you elect to use workers comp benefits.
One of the benefits to the employer is that they cannot be sued for personal injuries. Construction workers in Texas can choose to use their employer’s workers compensation insurance or choose to sue the employer for their construction site injuries.
When you’ve been injured in a construction site accident, after your initial medical treatment, it’s a good idea to counsel with an attorney to determine which route is best for you.
Your attorney will need to perform an intensive investigation to determine the exact cause of the accident. There can be more than one person or company responsible for your work accident.
It is in your financial best interest to file a negligence lawsuit. Your compensation is far better because you can receive:
Even though there is a risk that you can get nothing, you can always fall back on a potential workers’ compensation claim that you will have already filed.
It can be challenging to get to the bottom of exactly what happened when you’re injured on the job. If you are concerned about who is at fault, hiring a Texas work injury lawyer can help find exactly who is responsible for your job site injuries. You want to avoid jumping to conclusions and let an experienced attorney review your case.
The following are some possible third parties that you can sue in a construction accident case:
Although they are not always easy to pursue, third-party claims are often your best route to financial compensation. You can expect these investigations to be very complex.
If you file a product defect claim, you will need testing to show that the work equipment was defective.
Three types of product defects can make the manufacturer strictly liable:
Several things can go wrong at a construction work site. It may take a long time to get to the bottom of the accident and learn what caused it. There may be an OSHA investigation that can help pinpoint the cause of the accident.
You may be looking at a process that can take weeks or months. In the meantime, there are tight deadlines, and the clock is ticking.
To start the necessary investigation, you should contact an experienced construction accident attorney immediately after you have suffered an injury.
You must do everything possible on your end to find out what happened because you can lose evidence in a hurry.
People come and go and evidence can be moved from a construction site, and the responsible party has a financial incentive to make the evidence you need quickly disappear.
Even if you are suing someone else, a highly technical inquiry is necessary to get the evidence you need to potentially hold them liable.
Your attorney will need specific experience in construction accidents. This area of the law is not one that someone can walk into without the necessary knowledge to help investigate and prove your case.
Your construction site accident attorney will often need to work with construction experts and other people with extensive scientific training to learn the exact cause of the accident.
Construction accidents may also be more complicated because of the injuries involved. Construction workers have among the highest rates of severe injury and fatality of any employee in the country.
About 31 out of every 10,000 construction workers suffer non-fatal injuries every year. This rate is nearly 50 percent higher than other professions across the country. In addition, 20 percent of on-the-job fatalities occur in the construction industry.
Construction workers can suffer the following injuries:
Given the severity of the injuries, the resulting claim can be more complex. If you are dealing with a workers’ compensation claim, there is more of a chance that you will miss extended time from work.
In that case, you may have access to more financial compensation for your injuries. Your injury may even be serious enough that you can no longer work again, meaning you may be eligible for a settlement with the workers’ compensation insurance company.
If your loved one died in a construction accident, you can pursue a death claim (either a wrongful death lawsuit if you can sue a third party or a worker’s compensation claim for death benefits).
In a wrongful death personal injury lawsuit, your family can recover for the damages sustained when a loved one dies. In addition, workers’ compensation will pay death benefits to families for a certain period.
Regardless of the means that you use to pursue financial compensation, there is more of a critical need for full payment for your injuries.
Since these injuries are often so severe, it may take more effort to come up with the proper valuation of your claim.
An attorney will need to consult with experts to learn as much as possible about your situation and the full extent of your harm.
You will also need to understand your legal options quickly because it may accelerate the timetable in which you can receive payment for your injuries.
Your damages accumulate almost immediately after a construction accident, between medical bills and not receiving a paycheck when you cannot work. It is vital to begin getting some money into your pocket as quickly as possible.
When you file a personal injury lawsuit, you may recover compensation for:
Since you are often suing a corporate defendant, your recovery may be higher. Although you are legally only entitled to payment for the damages you have suffered, corporations and contractors often have more extensive insurance policies that keep you from needing to go after anyone personally to pay for your injuries.
You should always act as if you intend to file a workers’ compensation claim after a construction accident, even if you do not follow through. The reason is that workers’ compensation has very tight deadlines that you need to follow in notifying your employer of your injury.
If you do not comply with these deadlines, you may lose the ability to get any compensation for your injury.
Even if your lawyer is still in the process of determining whether you have a personal injury lawsuit, you can always move to file a workers’ compensation claim.
If you get a settlement check or jury award, you will need to reimburse the benefits you have received. However, you cannot go back after deadlines have expired and initiate a worker’s compensation claim.
Remember that it does not cost you anything to speak with an attorney after a construction accident.
Every personal injury and workers’ compensation lawyer should offer prospective clients free initial consultations to discuss their cases. It helps you both learn your legal options and understand what you may face after your accident.
Your attorney will also not charge you when they accept your case. You only need to pay an attorney if you win, never out of pocket.
Not having an attorney will cost you more than the amount you need to pay a lawyer if and when you win your case. Knowing that you have legal options and the ability to pursue them is worth an unquantifiable amount of money.
When you begin the legal process with help from a qualified personal injury attorney, you can get instant peace of mind.
You will not have to worry about how to navigate the claim process and which claims you might need to file. Your lawyer will evaluate all of these matters for you.
Then, your attorney can handle both workers’ comp claims and third-party claims. Juggling insurance companies is stressful, and you have enough stress as it is.
Ease your mind by consulting with a construction accident attorney as soon as you are healthy enough to do so. You do not have to wait for your injuries to heal to begin the process, and you should not wait this long. Contact a law firm right away.
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]]>The post 3 Things to Know About Semi Truck Accident Cases appeared first on Wyatt Law Firm, PLLC.
]]>The legal principle in all personal injury cases is the same. In every case, you must prove that the defendant was negligent to be legally entitled to financial compensation. Although the endpoint is the same, how you get there may be different depending on the case.
In car accident cases, you often look strictly at the driver’s actions that may have caused the accident. You have an individual driver of a relatively small passenger car, and you might have some witnesses to the accident. There might not be much more evidence necessary than that to prove what happened in the case.
In semi-truck accident cases, there are far more factors at play. While you are still aiming to prove negligence, there are many more factors to consider. Not only do you have the usual ways of proving negligence, such as witness testimony and pictures of the scene of the accident, but you also have many more data points that can help prove your case. These pieces of evidence can also increase the amount of your financial compensation.
Commercial trucks are far larger, and many more things can go wrong.
For example, here are some potential causes of semi-truck accidents:
In a semi-truck accident case, your lawyer looks at the bigger picture to prove negligence and possibly show that the trucking company has a history of non-compliance. If you file a lawsuit in court, your attorney can seek a broad range of documents and information in the discovery process.
First, your lawyer will request information regarding this specific truck and the driver involved in the crash, including:
In addition, your lawyer may also request information about the trucking company in general and its business practices. You are looking to show that there was a pattern of breaking federal regulations that can persuade a jury to order punitive damages.
Beyond the truck driver’s possible negligence, there can be a number of other causes at play. For example, the cargo loaders may have been careless in improperly loading cargo, such that it caused the truck to roll over. The employees responsible for maintenance and inspections might not have done their job properly and sent a truck out on the road that was not roadworthy.
Finally, there is the additional element that the problem might have been with the truck itself. Semi-trucks are very complicated machines because they must safely haul tens of thousands of pounds. Even a failure of a small part can cause a catastrophic accident. If the truck itself was to blame for the accident, you can file a product liability lawsuit against the company that made either the truck or the part. These lawsuits can be very complex and require scientific evidence. Meanwhile, the company that made the truck will vigorously fight the lawsuit because they might be on the hook for a large amount of damages.
In sum, truck accidents require far more specialized legal experience and more extensive investigation. It can take some time to learn the exact cause of the crash.
There is no such thing as a motor vehicle crash that is not dangerous. When two steel vehicles collide at any rate of speed, there is always a possibility that one or more people can suffer injuries. This fact is true in passenger car accident cases and even more in truck accidents.
In truck accidents, there is a vehicle that may weigh up to 80,000 pounds involved in the crash. Truck accidents unleash a tremendous amount of force on the passenger car involved in the accident. The truck driver may not have been able to stop in time to avoid hitting the car. In addition, a passenger car driver is not expecting a truck to either hit them or veer in their direction, so they cannot take effective evasive action.
It is uncommon for a motorist or their passenger to walk away from a truck accident completely unscathed. On average, their injuries tend to be much more serious because of the above-mentioned factors.
Here are some common injuries that people may suffer in a truck accident:
When the physical injuries are worse, the financial compensation will be much higher. Your settlement check largely depends on the extent of your physical injuries. The intangible damages will also be higher when you are more badly hurt.
Not only is there greater physical damage, but there is also usually more money available to pay for them. Federal law requires companies transporting items commercially to have an insurance policy of at least $750,000. In fact, most truck insurance policies start at $1 million of coverage. Trucking companies want to protect their own business, and they usually have much more than that in available insurance. If they do not, they are putting their continued existence at risk. A jury can very easily hit a trucking company with a verdict that exceeds its maximum policy limit. In that case, the trucking company is responsible for paying any overage in the damages.
Your truck accident damages will include:
Your damages can also be larger because the jury can hit the defendant with punitive damages. This type of damages is very rare in a standard car accident case, but it is more likely when your lawyer has uncovered evidence of a trucking company behaving badly.
Punitive damages make truck accident verdicts nuclear. A nuclear verdict is either grossly disproportionate to the actual damages or is worth more than $10 million. There is far more misconduct that a trucking company can be responsible for because the problems can go far beyond just the individual driver. Company-wide issues may make the entire trucking fleet more dangerous. In that case, the jury might punish the trucking company in a verdict that only bears some relation to the actual damages that the accident victim suffered.
Most truck accident cases will settle without a trial. Although a jury is the ultimate decision maker in a truck accident case, it is very rare that your case will get that far. To understand why a settlement is the most likely outcome, you need to know a little more about how truck accident cases work.
The insurance company may be the gatekeeper for the claim. As mentioned above, trucking companies have large insurance policies to protect themselves from liability. Trucking companies and insurance providers know what can happen if their case reaches the jury. They have seen firsthand how many of their competitors have faced nuclear verdicts. Some trucking companies even went out of business because of liability incurred in a single accident.
The further your truck accident case goes in court, the more information your attorney may get in the discovery process. You may learn of evidence that shows the trucking company has a culture of non-compliance with federal regulations. The more evidence you can put in front of the jury, the worse the legal position the trucking company may find itself in.
Insurance carriers and trucking companies may not want to end up in front of a jury because they know that a hostile and angry jury can issue a large punitive damages verdict.
As you can see, the insurance and the trucking company are incentivized to settle the case. From your standpoint, you may also have the impetus to reach a settlement agreement. Your case might drag on if you go to court, and you may find yourself needing the money sooner. That is not to say that you should accept a below-value settlement offer, but there may be reasons why you want to settle as well.
You take on some risk when your case goes to a jury. Just like the trucking company can get hit with a massive verdict, you might also lose your case. You do not have to worry about assessing this risk, however. Your lawyer will always advise you of your possible chances at trial and whether it is a wise move.
Even if a settlement seems completely out of reach at the start of your case, you should be patient. Insurance companies and claimants almost always start the case out very far apart. Your lawyer may threaten a lawsuit, or they may even actually file a case in court. Still, this does not foreclose possible settlement negotiations while the case is pending. Over time, the differences in both positions will narrow, and the parties may move towards a settlement.
You may still reach a settlement even if you go through the discovery process. This is often when defendants will get serious about settling the case, knowing the evidence the plaintiff has obtained. Although it may take a considerable amount of time, the overwhelming chances are that your case will end in a settlement. However, you should not take a bad deal just for the sake of reaching a settlement. Always heed the advice of your truck accident attorney regarding any settlement offer.
You need a personal injury attorney for any type of motor vehicle accident case. It goes without saying that you should have one in a truck accident case when the stakes are much higher. When there is a lot of money on the line, the insurance company will double their efforts to keep you from getting what you legally deserve. You will need to fight even more in a truck accident case because you can be certain that an insurance company will not want to write a multimillion-dollar check.
You should not try to handle a truck accident case on your own because you will cost yourself money. If you accept a below-value settlement, you may run out of money when you need it the most. Hiring an experienced truck accident lawyer is an investment in your financial future and one that will not cost you money upfront.
The complexities of a truck accident case demand that you get legal counsel from someone who knows how these cases work. If a truck accident injured you, call a truck accident lawyer right away.
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]]>The post Going to Court After a Trucking Accident appeared first on Wyatt Law Firm, PLLC.
]]>A truck accident claim will often resolve after a demand letter and some back-and-forth negotiations between lawyers. There is no need to file a truck accident lawsuit if the two sides can resolve the case amicably. A truck accident claim will go to trial mainly because these two sides are too far from a settlement agreement. They stand firm in their arguments, and no one is willing to budge.
Your local truck accident lawyer will try to resolve the case before trial, but they will not settle for less. You will need to have enough recovery for your medical expenses, legal fees, and future estimated losses. Their goal is to get the maximum compensation for your claim, and they should head into court when necessary for you. While it is rare that a truck accident case will go to trial, it does happen, and you must be ready.
A trial in real life is not the same as what you see on television. It is the culmination of many different court proceedings. Most of the work happens before the trial begins. At trial, the defendant and plaintiff will present evidence to a judge or jury. Do not fret; while you must be present during the trial, your local truck accident attorney will do the heavy lifting.
Personal injury cases can proceed to a jury trial or a bench trial.
A truck accident bench trial is when the case is presented to a single judge who will determine the outcome. A jury trial is where jurors from the community are present, along with a judge. The lawyers will present the case to everyone in the room. The ultimate decision will rest with the jury. You must work with your local truck accident lawyer to determine the best legal route for your case.
Before trial, your lawyer will collect evidence, as will the opposing side. To get a favorable settlement, you must provide enough evidence to meet a plaintiff’s legal burden, which in an injury case is a preponderance of the evidence. Simply put, you must prove to the judge or jury that the truck driver and trucking company were more likely than not negligent in their actions and caused your truck accident injuries and harm.
There are two forms of evidence your lawyer will present on your behalf. The first is testimony, which includes expert witness testimony and eyewitnesses of the accident. These anecdotes will show the court how the accident happened from another person’s viewpoint and what experts think. Additionally, you will likely need to testify about the accident. You will get to speak directly about how the accident occurred and how it has changed your life from your view.
Another form of evidence an experienced truck accident lawyer will present involves tangible items like medical documents, receipts, pictures, and more. These items will show the extent of your injuries and how your life differs after the truck accident. The evidence will also have to support your damages.
The defense will also present evidence that goes against everything you say. The attorney will have the opportunity to cross-examine you and the witness on your side. Your lawyer can cross-examine any witnesses the defense presents and object to evidence.
The defense can object to including specific evidence, which will be up to the judge to determine whether to allow or throw out. Once your local truck accident lawyer presents your case, the defense will give theirs. They will try to shift the blame and diminish the accident’s severity. They will also argue that your injuries are not severe or caused by a pre-existing condition.
When both sides of the argument get presented, closing arguments occur where the attorneys will address the jury directly. They will briefly go over the evidence and make a plea for their side. Both sides will try to sway the jury in their favor to reach a favorable verdict.
When the case is in front of a jury, once the closing arguments conclude, the court will give the jury specific instructions on laws, the burden of proof, and what they must consider in making a decision. The jury will go into their quarters and work together to reach a final decision. How many jurors must agree will range by the jury size and court in which you are presenting your case. When the jury decides, they will return to the court and inform the judge.
If the case is a bench trial, there is no jury; the judge will review the entire case independently and decide. When the judge decides, they will issue an official court order.
In either situation, the decision is final, and the trial is over. If the decision is unfavorable to either party, they can file an appeal within a certain period. If there is no appeal, the case is officially closed, and the defense can take no other action.
To succeed in a trial, you must have the right lawyer on your side. You will need a truck accident lawyer who knows how the trial process works and has experience handling truck accident cases. While trials are rare, you must prepare for the possibility. If you are awarded a settlement, it will take some time to receive, especially considering the appeal process. After the conclusion of the trial and without an appeal, you can move on from the situation.
Some truck accident claims are straightforward: the truck driver was negligent and struck your vehicle, causing you serious injuries. When liability is clear, you will likely not go to trial. However, if truck accident victims and insurance companies have very different ideas about damages, they might not reach a settlement amount. In this situation, you might go to trial over the issue of damages only.
Some factors can complicate your claim and might be a sign that the claim will end up in litigation and even at trial.
Some factors that often complicate these claims are:
These are just a few factors, as many others can contribute to how complex a claim will be. If unsure, you must schedule a free, no-obligation consultation with a truck accident lawyer near you to get legal advice regarding your claim.
In addition, meeting with a truck accident lawyer is vital if you suffer severe injuries that will hinder the rest of your life.
Some injuries include but are not limited to:
Many other injuries can have a lifelong effect on you, and you must work with an experienced lawyer to get the recovery you need after a truck accident. Injuries can be costly in many ways. For a truck accident involving serious injuries, you need a lawyer familiar with investigating truck accidents and working with trucking companies. You need someone fighting in your corner.
Even if you have the primary goal to settle a claim with the insurance company, they may be unwilling. You will then need to file a lawsuit if the insurance company refuses to offer a fair settlement. The insurance company is known for dragging the process out in hopes that you will begin to waiver and accept any offer they throw at you. They do not often account for having a relentless truck accident lawyer in your corner. When there is no progress made, it will be time to file a lawsuit.
After you file a lawsuit, the discovery process will begin, where each side will request evidence and build their strategies. Discovery is an information exchange between the injured person (plaintiff) and the trucking company or driver (defendant). This phase is important because it helps uncover the facts and prepares everyone for the trial.
Each lawyer will also send the other side interrogatories, which is a list of questions you will need to fill out. These questions seek to uncover specific details. For example, they might ask about the truck driver’s training or how well the truck was maintained. It’s a careful process to dig out important info that shapes the story of what happened.
After these initial steps, you will likely undergo a deposition. Imagine it like a formal talk where people involved in the accident (like the injured person, experts, or even the truck driver) answer questions under oath. It’s like a Q&A session led by lawyers. The injured person might share how the accident affected them, and experts could explain technical details.
On the flip side, the trucking company’s side tries to challenge the evidence presented by the truck accident victim, looking for any inconsistencies. The defense lawyer will ask you questions under oath to find ways to build their case. There will be several depositions that take place once you file a lawsuit, including the at-fault driver and another witness to the accident.
The insurance company often comes up with another settlement offer after depositions are complete, which is usually a good sign. Once they review all of the evidence, they deem that you have a solid case that can be difficult for them to challenge. You can accept the offer or move to the next step, depending on how far the settlement is.
Another key part is when both sides share important documents. This includes things like records of how well the truck was maintained, medical records of the injured person, reports from the police about the accident, and even photos or videos of the accident scene. These documents are like pieces of a puzzle that prove what happened and how much harm was done.
Next in the process is mediation or an alternative dispute resolution. Mediation is like sitting down with a neutral third party, often called a mediator. Picture them as a peacemaker whose job is to help both sides—say, the injured person and the trucking company—find common ground. They facilitate discussions, guide negotiations, and work towards a resolution everyone can agree on.
During mediation, the two parties will try to reach a middle ground with the help of a neutral third party. Many times you will reach a fair settlement offer here. If you do not, then the trial will move forward.
ADR is like an umbrella term covering various methods to resolve disputes outside of court. Mediation is one of them, but there are others like arbitration or negotiation. The idea is to provide alternatives to the traditional courtroom route.
This isn’t just a legal routine; it’s a strategic dance. For the injured person, it’s a chance to build a strong case by showing solid evidence of the truck driver or company’s fault. On the other side, the trucking company aims to question and challenge this evidence to find any weaknesses.
By the end of this discovery process, both sides should know the strengths and weaknesses of their cases really well. This helps lawyers fine-tune their plans, shape their arguments, and get ready for the big trial.
No matter where you live, there are time limits to the legal process. The insurance company will have limitations on how fast you must file a claim. The state has limits on when you can file a lawsuit. You must meet many document deadlines during pre-litigation that you must also adhere to. The filing deadlines will vary by insurance policy and location. A rule of thumb is to inform the insurance company within 48 hours, and you want a Texas truck accident lawyer to make this phone call whenever possible.
You will want to speak with a lawyer before the insurance company. If you can’t wait, only provide the insurance adjuster with basic details regarding the accident. Say where and when the accident happened and nothing else without legal guidance. The insurance adjuster will sound empathetic during the initial call, but their concern is always the bottom dollar. They will find ways to lower the claim even within the initial conversation. Do not trust them.
Since there are so many legal deadlines to be aware of, you will need to discuss your options with a local truck accident lawyer immediately. You do not need to worry about the deadlines because your lawyer will handle the process for you.
If you file a claim and your insurance company can use your benefits, you will get some economic losses. Since there are policy limits, that means that even if you suffer losses outside of these limits, you will be unable to recover them. However, if you file a personal injury lawsuit, you can recover compensation for all tangible losses and more.
Vehicle insurance companies have stringent limits, and the policy is unlikely to cover your losses when there is a severe accident. While truck insurance works differently, there are different challenges to contend with. While truck insurance policies will have higher limits, that does not mean they are willing to pay you what your case is worth.
Some damages you can get recovery from a truck accident settlement include:
Truck accidents can result in devastating injuries, and you will likely suffer injuries and pain for years. You will need financial recovery to ensure you can pay for your expenses.
When you exhaust all other legal processes, your case may go to trial. You do not have time to waste since the legal process will move quickly. The insurance company moves fast to deny your claim, and you need someone who moves just as fast. Immediately contact a truck accident lawyer near you to find the best option for your claim.
If you’ve suffered serious injuries in a commercial truck accident, your focus should be on recovery, not navigating the complexities of legal battles. Wyatt Law Firm is here to shoulder the legal burden for you and ensure your rights are vigorously defended. Our seasoned attorneys have a track record of success in the courtroom. We don’t just settle; we’re prepared to take your case to trial if needed. Our trial experience sets us apart, demonstrating our commitment to securing the maximum compensation for our clients.
Wyatt Law Firm doesn’t back down. We strategically position our clients for success, whether through negotiations or in the courtroom. Our goal is to achieve the best possible outcome, and we don’t shy away from a fight when justice demands it.
Beyond legal expertise, we provide compassionate representation. We understand the challenges you’re facing, and our team is dedicated to guiding you through the process with empathy and support.
The clock is ticking. Immediate action is crucial in truck accident cases. Contact Wyatt Law Firm now to schedule a free consultation. Let us assess your case, outline a personalized strategy, and begin the journey toward justice. Remember, if a fair settlement isn’t reached, we’re prepared to take your case to court. Don’t let the aftermath of a truck accident dictate your future. Take control with Wyatt Law Firm—your trusted advocates in the pursuit of justice and rightful compensation. Call us today, and let us fight for you!
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]]>The post How Can You Recover From a Truck Accident? appeared first on Wyatt Law Firm, PLLC.
]]>Truck accidents are a terrifying reality on the highways and roadways in the U.S. According to the Federal Motor Carrier Safety Administration (FMCSA), around 510,000 crashes involving large trucks were reported in a recent year. Of the half million crashes, 4,479 of those crashes resulted in fatalities. At least 114,000 resulted in injuries.
The last thing anyone wants to think about or imagine is an accident with a heavy-duty truck. Sharing the road with tractor-trailers is not something many of us are comfortable with or accustomed to doing, no matter how often we travel the busy interstate highways. Watching these massive machines speed up next to us and roar past us is enough to trigger a panic attack in the calmest of drivers. Add rain, sleet, or slippery roads to the mix, and you have a disaster waiting to happen. Anything can go wrong, especially if a truck driver is speeding or driving distracted.
The most common types of truck accidents include rollovers, jackknife crashes, tire blowouts, underride accidents, unsecured cargo, and more.
A rollover is a common truck accident that often has tragic results. A rollover accident happens when a vehicle rolls over on its side or roof. It is one of the most dangerous types of accidents with the highest fatality rates, according to the National Highway Traffic Safety Administration (NHTSA). Rollovers may occur when the truck is poorly loaded, or the driver is speeding.
The main reasons for rollover truck accidents may include:
When the cab and trailer of an 18-wheeler fold, it is known as a jackknife. Something may cause the back of the trailer to swing forward, and the driver can lose control. When a truck jackknifes, you and those driving nearby can be at elevated risk for injury.
Tractor trailers may jackknife when any of the following conditions are present:
If you notice a truck’s trailer is weaving back and forth, the trailer may be empty, and the truck and trailer might be at risk for a jackknife.
Accidents often occur when a passenger car is driving close to a truck and the truck’s tire ruptures. Flying debris may hit the car’s windshield, and a driver can lose control of their car. A tire blowout happens when there is a puncture in a wheel that depletes its air. This happens due to tire wear from usage, manufacturing defects, air leaks in tires, air pressure differences, lack of maintenance, unbalanced cargo load, or hazardous roads.
An underride accident is when the car and truck experience a side collision and the passenger car slides underneath the truck. The top of the passenger car may be crushed, and victims inside may be seriously injured or killed.
Some of the main causes of underride accidents include:
Unsecured cargo may shift in the bed of a truck and cause the truck driver to lose control. The cargo may come loose and fall in the roadway, causing an accident. Cargo loading and loads must meet federal guidelines. Cargo must be securely fastened to a truck. Weigh stations along highways check to ensure trucks have packed their cargo accordingly.
This isn’t a complete list of the causes of truck accidents and there may be specifics with your case that affect the value of your claim. CALLING TODAY to discuss your accident and injuries with a seasoned attorney could be the difference between you receiving compensation.
A collision with an enormous truck may be devastating. Drivers and occupants in passenger cars tend to be the fatally or seriously injured victims of these accidents. The Insurance Institute for Highway Safety (IIHS) reports that large trucks usually weigh 20 to 30 times more than passenger cars, are taller, and have greater ground clearance than smaller vehicles. “In 2020, 4,014 people died in crashes involving large trucks. Fifteen percent of these deaths were truck occupants, 68 percent were passenger vehicle occupants, and 16 percent were pedestrians, bicyclists, or motorcyclists.”
Truck accidents are a leading cause of death on America’s roadways. So what should you do after a truck accident?
Call the police and report the accident if you are able. The police will either come to the accident scene and take a report, or you will go to the station to file a report. Ensure you receive a copy of the accident report, as it will be useful evidence in your personal injury claim. Be honest and provide all details regarding the accident to the police. If there were witnesses, give their information to the police.
You and the passengers in your car should seek medical care as soon as possible, even if you do not think you suffered an injury. Injuries often may not show up for days or weeks after an accident.
Document bruises, cuts, or other visible injuries by taking pictures. Don’t worry about the quality of your pictures, pictures taken with your cell should be sufficient. You should also document any pain or uncomfortableness you experience as well.
Seeing a physician will help you keep a running record of your injuries and medical bills. The longer you wait to see a doctor, the more difficult it will be to prove the accident caused your injury or pain. By seeking emergency medical help right away, you establish immediate documentation linking your injuries to the accident. Keep copies of all your medical receipts and records.
Check yourself for bumps, bruises, and cuts, notice any pain or numbness and don’t delay seeing a doctor. Obtain medical care promptly if you experience:
A simple ache or pain can be a sign of something serious. Don’t delay seeking advice and guidance from a doctor.
You may want to seek medical care from a specialty doctor trained to diagnose and treat injuries caused by accidents, such as whiplash, concussions, fractures, and soft tissue injuries.
Depending on the initial examination, your doctor may order further testing, prescribe pain medication, suggest home remedies, and prescribe physical therapy or other specialist services.
You may need surgery to fully recover from a truck accident. Some injuries will necessitate immediate interventions that include hospitalization and surgical procedures.
Some injuries that may result in surgery include internal injuries and bleeding, broken bones, traumatic brain injuries, spinal cord injuries, soft tissue injuries, and scarring. Medical and surgical costs add up quickly.
If you can, take pictures of the accident, any damage to your vehicle, and other evidence at the scene. Try and acquire contact information for any witnesses and be sure to obtain the contact information for the truck driver, including their insurance company, and any other parties involved in the crash. This information is necessary in the truck accident recovery process.
As stated above, keep track of all medical expenses and any lost wages you may experience due to the truck accident. A personal injury lawyer will assist you with gathering information and evidence, such as witness accounts, copies of the police report, and the truck driver’s contact and insurance information.
After filing a police report, seeking medical attention, and gathering evidence, you should also inform your insurance company. You should have a lawyer handle this task if you already hired one.
They will ask for information regarding the incident. Be sure to include as many details as possible. They will need a copy of the police report, information on witnesses and contact, and insurance information on the truck driver and the carrier. Once you notify your insurer of the truck accident and give them all the details, they will begin processing your claim.
Never provide a statement to the other driver’s insurance company or insurance adjuster until you have talked to or consulted with a lawyer. Unfortunately, you cannot trust everyone, and the other insurance company may try to take advantage of the situation, so you must have a lawyer present when speaking with insurance representatives for the truck driver or trucking company.
Avoid posting pictures or anything about your truck accident online. Even if something is deleted from your profiles, screenshots of posts may exist. What is posted on social media can be used against you, so always watch what you say and do on your social media accounts.
Remember, it takes time to heal from a traumatic truck accident. Physical, mental, emotional, financial, and social struggles may result from terrifying encounters with big rigs on the open road.
You must be patient. Give yourself and your family time to process, heal and recover. An experienced personal injury attorney will help protect and defend your interests and provide the best guidance possible to win your personal injury case. But it still may be a lengthy process. Recovering from a truck accident is no easy task. Take things one day at a time, follow medical advice and hire a truck accident lawyer you trust.
It will benefit you to retain legal representation. A personal injury lawyer can explain your legal options and help you understand how insurance companies and trucking companies may attempt to deny your claim and offer inadequate settlements. A trucking company may send representatives to the accident scene to collect evidence and talk to witnesses to help prove they were not liable. Experienced truck accident attorneys are your advocates, working to defend your interests.
Never sign any documents from the trucking company or insurance company without an attorney present. You may accidentally waive your legal rights and your chance to pursue a personal injury claim.
A personal injury lawyer will make sure this does not happen and will help you recover compensation after a truck accident for:
Again, this makes obtaining medical attention promptly key to your case. Your injuries and pain may be questioned if you do not seek care immediately.
If you or a loved one suffered injuries or wrongful death in a truck accident, you deserve to receive full compensation for your damages. A lawyer with experience handling truck accident claims is a valuable advocate. Your attorney will work with local police to investigate what happened, review your medical records to document your serious injuries, and negotiate to identify the liable party or parties and hold them accountable for your financial recovery.
Call a compassionate truck accident attorney at Wyatt Law Firm for a free case review today. You can reach our legal team at 210-340-5550 or fill out our online contact form.
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]]>The post How Dangerous Are Scaffolds? appeared first on Wyatt Law Firm, PLLC.
]]>Some of the scaffolding hazards on a construction or oil rig project include falling objects, working with dangerous machines, and electrocution.
A scaffold is a temporary platform workers put in place on construction sites to stand or sit on when working above the ground. Scaffolding is essential to construction. Scaffolding is sometimes constructed on the outside of buildings during renovations to allow pedestrians to walk underneath. Scaffolds are erected offshore or at sea to perform maintenance or make repairs to offshore oil rigs. Painters, miners, bricklayers, and many other professionals use scaffolds to help them reach certain places they cannot reach by lifts or by using a ladder.
If crews do not set up or use a scaffold properly, it can become very dangerous and potentially lead to deadly accidents. The U.S. Occupational Safety & Health Administration (OSHA) is tasked with providing and enforcing safety regulations for the construction industry. There are OSHA regulations that outline common scaffolding hazards and provide safety regulations to protect workers. Not setting up scaffolds correctly is OSHA’s third most cited violation.
In one recent year, OSHA gave out almost 4,000 citations for the improper set-up of scaffolds. The agency believes that over 2 million construction workers use scaffolds to do their jobs, which is 65 percent of the entire construction workforce.
While many people have received training to use scaffolds, the Bureau of Labor Statistics (BLS) reported that 72 percent of workers still experienced injuries from using scaffolds. Most of the reported injuries from scaffold accidents happened due to the scaffold’s planking losing support, workers falling off or people below getting hit with falling debris.
OSHA has strict requirements to identify scaffolding hazards and help ensure worker scaffolding safety. For example, scaffolds are required to support the entire weight of the structure and four times the planned load. Guardrails must be installed on all sides and ends of the platform, and suspension ropes need to support at least six times the planned load. OSHA works to ensure that individuals around the country who use scaffolds use safety equipment and inspect their scaffolds. Despite OSHA’s efforts, some companies still choose to not provide protective equipment and or scaffold safety training for their employees. Without safety standards, more scaffolding-related accidents will continue to happen.
Financial penalties are likely if an offshore company does not follow OSHA’s scaffolding requirements. Unfortunately, some businesses ignore OSHA’s requirements or find ways around them. This is usually because the employer wants to cut costs, save money, or reduce downtime, which can put workers in extremely dangerous situations. Since construction and oilfield workers work in some of the most hazardous industries, they may falsely believe their employers are looking out for their safety. However, this is not always the case. As a result, scaffolding accidents have become one of the most common types of construction accidents in America.
While scaffolding is used throughout the country and across the world, Texas is a state that frequently uses scaffolds to add new projects to its ever-changing and growing communities. Other American states experiencing housing market surges also use scaffolds, which may increase scaffolding accidents.
Here are a few dangerous scaffolding accidents that occurred in Texas as well as other states around the United States in past years:
Scaffolding accidents caused 60 deaths and almost 5,000 injuries across the U.S. Falls are one of the main reasons these injuries and deaths occur, as falls make up 25 percent of fatalities among scaffold-related deaths. Even if a worker survives a scaffold accident, they might need costly medical treatment and suffer lifelong disabilities.
Other common scaffolding hazards include:
While employers believe they are cutting corners to save money by not following the safety measures required by OSHA, they can lose up to $90 million when a scaffolding accident occurs. Injured workers and their families also stand to lose a lot, both in financial and intangible losses.
There are various causes of scaffolding accidents because every single accident is unique.
The following are some common causes of scaffolding accidents:
When you face injuries caused by an accident involving scaffolding on a construction site, you need an experienced lawyer in your corner to help you recover compensation. While proven safe when installed correctly, scaffolding can still be very dangerous for construction workers. Protect your rights today by discussing your legal options with an offshore construction attorney.
Since a scaffolding platform helps workers access heights that are normally too high, scaffolding accidents typically have a serious risk of severe injuries or even death..
The most common types of scaffolding injuries include:
Most scaffolding accident injuries are considered catastrophic, resulting in serious injuries that happen unexpectedly and may result in permanent disabilities. When someone is severely injured in a scaffolding accident, they likely cannot work again or perform their normal daily tasks. Therefore, they may need ongoing daily assistance and care for the rest of their lives.
Getting proper compensation for a catastrophic injury is challenging, so victims need the right legal assistance.
Determining who is liable for a scaffolding accident requires an investigation. Finding fault in a scaffolding accident depends on the circumstances and the evidence. A scaffolding accident attorney will investigate who was responsible for building the scaffold, how the accident happened, and whether the injured person was a worker or a pedestrian.
Different people and companies, including the employer, can be liable for a scaffolding accident. The contractor who built the scaffolding, the manufacturer of the scaffolding parts, or the property owner can all be parties to a scaffolding accident lawsuit. An experienced and skilled scaffolding accident lawyer will review your case and determine who is liable for your injuries.
Evidence such as police reports, medical records, witness statements, photos from the scene, video footage, and engineering records, are necessary to build a case against the responsible parties.
To have a successful personal injury case, you must show negligence in some way.
Here is how you can show proof of negligence in a scaffolding accident case:
While it may sound easy to prove negligence, it can sometimes become difficult. The easiest factor to prove is that the victim has damages and losses, but the hardest factor to prove is that the defendant was responsible for these damages and losses. A legal professional will use their background, skills, and knowledge to ensure that negligence is proven and that the responsible party is held accountable for their carelessness.
Many different damages may occur due to your scaffolding accident. When deciding what damages you have, think about the pain and suffering and the accumulating costs you are experiencing now. This may include economic and non-economic damages.
Economic damages include medical treatment, surgeries, lost income, physical therapy, occupational therapy, counseling, home modifications, services for daily tasks, and more.
Non-economic damages include pain, suffering, loss of happiness and enjoyment, loss of companionship, trauma, and more.
If your family member, partner, or loved one died in a scaffolding accident, you may file a wrongful death lawsuit instead. This will ensure that the responsible party is accountable for this horrific event that caused the death of a loved one.
Nothing can be as traumatic as the unexpected passing of a loved one, especially due to someone else’s negligence. You can ensure they are accountable for their actions and required to pay for funeral and burial expenses, the earned income the deceased is no longer receiving, and the loss of their support and companionship.
Offshore employers are aware of the dangers that come with this type of work. Companies are also plenty aware of the risks of their business and know that they must work to keep each of their employees safe and hazard-free when they are on the job. Unfortunately, that does not always happen, and scaffolding accident attorneys must step in and hold them accountable.
If you have recently experienced an injury from a scaffolding accident and are unsure if you have a viable case, call an offshore construction accident attorney at the Wyatt Law Firm today. These legal professionals have experience, credentials, and passion for fighting for victims’ legal rights.
We understand that a scaffolding accident is a devastating experience. Therefore, we believe you should focus on your healing journey while a lawyer advocates on your behalf to ensure that you receive the compensation and justice that you ultimately deserve. Call an experienced personal injury lawyer near you at Wyatt Law Firm to start the process of filing a claim for compensation. You should not have to pay out of your own pocket for medical bills and other expenses related to your injury.
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]]>The post How Often Are Construction Workers Electrocuted? appeared first on Wyatt Law Firm, PLLC.
]]>If you suffered electrical injuries on a construction site, be sure to speak to an experienced construction accident attorney about your case. Workers and their families might not realize they have different options for compensation and legal relief, and you always want the guidance of a legal professional who has experience handling construction accident cases.
Electrocution occurs when a person comes into contact with an electrical source or completes an electrical circuit. Many factors can determine the severity of an electrocution injury, including the voltage and current of the electrical source, the duration of the contact, and the path of the current through the body. This is also commonly referred to as an electric shock. Electrocution can happen within seconds, and the heart can stop immediately in some cases. Even if someone seems completely fine after being electrocuted at a construction site, they must seek medical care as quickly as possible to ensure they have no internal injuries or that the heart did not suffer any damage.
The rate of electrocution injuries in the construction industry is surprising. Hopefully, raising awareness of the dangers faced by people who work on construction sites will prevent electrocutions. The Center for Construction Research and Training found that during a 20-year study on fatalities from electrocution in construction, there were over 2,400 construction worker deaths due to electrical accidents. Construction workers account for almost half of all workplace electrocution deaths in the United States.
A study by The National Fire Protection Association found that 126 contract workers died in a recent year due to exposure to electricity. While there has been a decline in electrocution fatalities over the years, construction workers still experience a high risk of death when working around electricity.
Many construction workers constantly work with live electrical equipment and live wires. Due to pressures to complete jobs on time, construction workers often work long hours at a fast pace. As a result, electrical safety issues can be overlooked, and the risk of electrocution increases.
When safety is compromised, it’s not just construction workers who can get electrocuted. Building inspectors, electricians, plumbers, general contractors, and other workers can be electrocuted in construction accidents as well. The Washington Post reported proof of this in a story about a six-year-old girl who was electrocuted at MGM National Harbor by an energized handrail. This happened due to the construction workers finishing their work too quickly and not focusing on safety.
Unfortunately, time pressures are an ongoing issue when it comes to electrocutions in the construction industry. Construction workers are encouraged to skip necessary steps while installing electricity and working with electrical currents, which puts them and others at risk of an electrical accident or even death.
No matter how much protective equipment, training, and education a company provides, electrical accidents are still bound to happen.
According to Occupational Safety and Health Administration (OSHA), the most common causes of electrical accidents are:
Many workers in the construction sector are not always aware of the electrical hazards in their daily work environment. Still, they must continue to work around these situations that make them vulnerable to electrical shocks and workplace electrocutions.
Fatal electrical accidents on construction projects are unique and devastating. When a worker becomes hurt or dies on the job, OSHA will investigate and determine what happened. They may decide to give out fines to the company or whoever is to blame, and the results are typically available to the public.
The following are a few construction jobs where workers may experience an electrical accident:
It only takes a few short seconds for an electrical accident to happen. For example, an aerial lift, forklift, or ladder can make contact with a power line and cause electrocution.
There are different types of serious injuries from electrocution at a construction site. Electrocution accidents often result in death, but sometimes the victim survives. A shock can cause physical injuries ranging from minor burns to severe tissue damage, and even death. Not all electrical shocks are fatal, but they can still cause significant harm.
The following are a few of the most common injuries from electric shock and electrocution:
Electricity can easily pass through the body. However, even if injuries look minor, there can be serious internal issues, especially to the brain, heart, or muscles. Electrocution also accounts for many construction fatalities.
The amount of electrical current the body experiences will determine how severe the injuries are. The greater the electric current, the more serious the injury.
OSHA provided the following electric currents and their reactions to the body:
On any construction site, there is a risk of fatal electric exposure. Interestingly, when a worker is sweating, their vulnerability to the current and electrical incidents is slightly lowered.
Construction workers are generally unable to avoid working around electricity. It is simply a part of their job, and the dangers of this type of environment are well known. For that reason, OSHA implemented guidelines, regulations, and safety protocols to ensure that workers are not at great risk for injury. When companies do not follow safety protocols correctly, it opens the door to negligence, and an electric shock is likely to occur.
Victims of an electric shock may choose to file a personal injury lawsuit. This lawsuit holds the responsible parties accountable for their negligence and recklessness. The victim must prove negligence when filing this type of lawsuit, whether it is a contractor’s negligence, the property owner’s negligence, or the manufacturer’s negligence.
If an individual or company does not follow the protocols or warn construction workers of hazardous elements, they will most likely be responsible for the injury. When this happens, a construction accident lawyer will help the victim file a personal injury lawsuit. This will allow them to seek damages for pain and suffering, medical bills, lost wages, future expenses, and more.
To prove negligence, a victim must show:
Even though some of these factors may be easier to prove than others, victims must prove all four elements to show that the defendant was negligent, and therefore responsible for the accident.
The responsible parties could be the construction company, another contractor, property owner, or manufacturer. An experienced injury lawyer will investigate all the facts and details surrounding the case, build a strong argument against all the potential defendants, and prepare to fight for the victim’s rights.
When a construction worker is an employee at the time of electrocution, their primary form of relief is a worker’s compensation claim if their employer has purchased a workers’ compensation policy. Workers’ compensation benefits will cover lost income and medical bills.
If the worker lost their life due to an electrical accident, their dependents may seek benefits through workers comp to cover funeral expenses.
Although families deserve compensation for their losses, they may still have to fight for it. This is an unfortunate reality, but they should seek help from an attorney who can help with workers’ comp cases.
Injured workers should always discuss their options with a construction accident lawyer. A third-party injury lawsuit might also be available, which increases their chances of full compensation.
If the employer did not provide workers compensation, when a person dies in an electrical accident, the surviving family and loved ones can sue for damages by filing a wrongful death lawsuit. Compensation given in a wrongful death lawsuit usually covers funeral costs and the loss of financial support.
The following individuals may file for a wrongful death lawsuit in Texas:
After an electrical accident on a construction site, your employer may deny your claim for medical treatment. This may lead you to wonder about your legal rights and how you can get the medical care you need. This is a common situation among many construction and electrical workers involved in accidents.
You have the right to speak to a lawyer at any time regarding your construction injury and the benefits you deserve for your electrical accident. If your employer has denied your claim, you may appeal the denial and hire a lawyer to look at your case. Your construction accident lawyer will analyze the facts, look at all the evidence, and consult with other professionals like an accident reconstructionist to determine fair compensation.
These types of cases can be complex, so you should have a skilled and knowledgeable attorney by your side. They will handle and explain every step of your case, ensure you never miss a deadline, and fight for your rightful amount of compensation. Your only duty will be to focus on recovering from your injuries while your lawyers build a strong case against the responsible parties.
Above all else, a construction accident attorney will fight to protect your rights, including the right to compensation as an accident victim. The attorney will review the accident, speak to witnesses, acquire evidence, and build a case on your behalf. They can seek compensation for your medical expenses, pain and suffering, rehabilitative costs, renovations to your home, and other damages.
At Wyatt Law Firm we represent workers in construction trades who suffer electrical injuries on the job. We can investigate where workplace electrocutions occurred and identify the liable parties. Call one of our construction accident attorneys today to learn about your legal options and the rights available to electrocution victims and their families. You should receive fair compensation, and an injury attorney will work diligently to protect your rights. You want a lawyer experienced in construction accident cases to make sure that you know your employer’s obligations and what legal routes you should pursue.
Every accident is different, but the right legal professional will have the resources and experience to ensure responsible parties are accountable for their actions. Get in touch with a personal injury attorney as soon as possible so they can begin reviewing your case. Contact us for a free consultation and case evaluation with no obligation.
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]]>The post What Are the Dangers of Speeding Truck Drivers? appeared first on Wyatt Law Firm, PLLC.
]]>The Federal Motor Carrier Safety Administration (FMCSA) reported that more than 13 percent of the fatal crashes on roads in the United States involved at least one large truck. As a result, truck drivers need to pay attention to other vehicles around them and drive at a normal speed.
Truck crashes are devastating for all involved. When passenger vehicles tangle with semi trucks, the results can be catastrophic. Smaller vehicles are no match for larger trucks when there is a crash. Let a San Antonio truck accident attorney handle your case and fight for your recovery of medical bills, expenses and other damages.
The government enforces laws that restrict how long truck drivers may drive each day, which has led to truck drivers being on a time limit to deliver the products they are transporting. Many of these drivers are trying to get back home after their shift, but they may get stuck on the road if their time expires.
So, the sooner they can deliver their current load, the faster they can pick up another load and be done for the day. With this type of pressure on the job, many truck drivers may decide to speed. When a heavy truck speeds, tragic accidents can happen.
The following are a few of the ways that speeding in a tractor-trailer may lead to a serious accident or fatality:
An accident may occur when weather like rain, ice, fog, and snow occur. If a truck is not traveling at a safe speed, the driver can lose control. They may drive off the road or crash into another vehicle. Driving slower than the speed limit in bad weather can save lives.
There are curvy roads around the country, which all drivers should drive carefully. Truck drivers need to use extra precautions when going around curvy roads. When a truck driver is speeding, it greatly increases the chances of an accident.
The loads that the 18-wheelers are transporting are heavy. If a fully loaded tractor trailer is being driving at higher speeds, loads can shift. When the trailer swings, it can become difficult to control the truck. If a trucker cannot keep their truck stable, this can lead to the truck overturning or flipping.
It is a known fact that big rigs cannot stop as quickly as other automobiles. Speeding shortens reaction time. It can be almost impossible to safely slow down or stop when other cars are around.
When a truck driver travels at an excessive speed, they not only put their own lives at risk but also put other people around them in danger. The FMCSA stated that 72 percent of those killed in crashes involving large trucks were people in other vehicles.
An accident may occur if a tractor-trailer does not follow the speed limit signs. Victims of accidents with speeding trucks typically experience catastrophic injuries, which are serious injuries that may lead to long-term or permanent disabilities and disfigurements.
Some of the most common catastrophic injuries from truck driving accidents include:
Victims of catastrophic injuries will most likely need care for the rest of their lives. This may include physical therapy, occupational therapy, and special services to complete daily tasks.
About any type of accident can occur when a tractor-trailer is speeding, but some are more common than others. Several common commercial vehicle accidents happen due to commercial vehicles exceeding highway speeds. Here are some common types of truck accidents:
A rollover accident happens when a semi-truck loses balance and rolls over onto its side or roof. According to the National Library of Medicine, around nine percent of all tractor-trailer accidents are rollovers.
A rear-end collision is when a vehicle hits the rear end of another vehicle. These types of accidents most often occur when drivers do not stop or slow down quickly enough.
A jackknife accident is when a tractor-trailer experiences folding at a 90-degree angle. A jackknifed trailer often swings out into adjacent lanes, crashing into any passenger vehicles or motorcycles in its path at high speeds.
T-bone accidents are prone to happen at intersections. Tractor-trailers become involved in these accidents if they cannot stop at a red light or stop sign. T-bone accidents look like a “T” shape as one vehicle collides with the other, causing an impact on the side of one vehicle.
Large semi-trailer trucks have difficulty making right turns. Therefore, truck drivers must carefully make these turns and watch out for vehicles that may be in the way. When an 18-wheeler does not have enough space to make these turns, dangerous accidents may occur.
A sideswipe accident is when two vehicles collide while traveling next to each other. Trucks and automobiles may experience a sideswipe accident if the truck does not keep an eye on their blind spots before switching lanes or merging.
Since a tractor-trailer is much longer than an automobile, it is easy for a vehicle to be in the trucker’s blind spots. Therefore, they may need to double-check their many blind spots. Other common ways a sideswipe may occur are extreme weather conditions, tire blowouts, traffic issues, and distractions.
When truck drivers speed and lose control of their tractor-trailers, they may end up in another lane and find themselves approaching oncoming traffic. Head-on collisions can also occur at stop signs, red lights, and intersections.
This usually happens when a driver does not have the right of way but decides to go anyway. Tire blowouts are also known to cause head-on crashes. The reason for this is that they may lead to rollovers, losing control of the truck, and accidentally moving toward oncoming traffic.
Speeding among truck drivers may be more common than you think. To prove this, the FMCSA has kept track of truck drivers receiving citations for going faster than the speed limit over the years. These citations do not always stem from accidents, but many do.
The following is the number of citations given to commercial drivers in a recent year for going over the speed limit:
These numbers may not seem like a lot when you consider that about 12 million people work as truck drivers or in truck-related careers, and this number does not include self-employed truck drivers. However, there are a lot of drivers who do not get caught speeding, which contributes to the 100,000 truck accidents each year. The reality is that speeding truck drivers are everywhere, and they are a danger to all other motorists.
When a trucker speeds, they may think that it benefits them by getting to their destination before their driving time limit runs out. However, there are still negative impacts when it comes to a truck driver speeding.
Other than legal consequences, some of the other problems of speeding include:
You may be under the impression that truck drivers should follow a specific speed limit, but this is not always the case. Sometimes, they simply have to follow the posted speed limit because of speed limiters. The posted speed limits are there for a reason, but several factors contribute to the proper speed limit for a semi-truck.
Truck drivers must pay attention, be aware of their surroundings, and adapt to road conditions. This means a driver should not continue driving at the posted speed limit if it begins snowing, icing, or pouring rain outside.
Different weather conditions can lead to visibility issues and increase the risk of a truck wreck. Therefore, the driver must use their judgment and decide to drive at an ideal speed that will decrease the chances of hydroplaning, running off the road, or crashing into another vehicle.
If a tractor-trailer was manufactured in the 1990s or sooner, there is a good chance that it has a black box. Black boxes are data recording devices that keep track of the driver’s speed and hard braking for up to a month. When an accident occurs, there is a good chance that the driving speed was recorded during the accident.
Although these black boxes may seem small, they contain much information. Some of the other data that this event data recorder (EDR) keeps track of is the driving time, the use of brakes, turning of the steering wheel, engine oil, tire pressure, and more. A truck accident attorney may decide to use this device to prove what caused the wreck. But it will not be easy to obtain this information.
A trucking company is not required to provide this information unless properly requested. Also, the data may be destroyed or written over if not promptly preserved. If a truck accident victim believes that they were hurt due to the negligence or recklessness of a truck driver, then they will need to ensure that the trucking company preserves the data on the black box by legal means.
Determining who is liable for damages when a collision occurs is one of the most important steps in the legal process.
A San Antonio truck accident lawyer can investigate your accident. We help you find out if the truck driver, their employer, or the manufacturer of the vehicle is responsible for all or part of the damages. Lawyers have methods of determining whether a driver was speeding or otherwise negligent when the crash happened.
When a passenger vehicle is involved in a truck accident, it is essential to determine the cause and calculate the damages. Depending on how severe your accident and injuries were, automobile repairs and medical bills are most likely not the only damages you have.
For example, physical therapy, surgeries, occupational therapy, counseling, home modifications, and ongoing services are just a few of the potential damages that may be claimed in a personal injury lawsuit.
If a truck driver broke the speed limit and injured you or a loved one, you can hold them accountable for their actions with the help of a truck accident attorney. You only have a limited time to file a claim, and delay can lead to the loss of your opportunity to recover compensation for your injuries. Call one of our truck accident attorneys in San Antonio, today, to discuss your legal options.
The post What Are the Dangers of Speeding Truck Drivers? appeared first on Wyatt Law Firm, PLLC.
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